NJ MEL COVID-19 Updates
Copies of all of Governor Murphy’s Executive Orders
The Safety Director’s office has received many requests for information and updates on the reopening of public pools, summer camps, sports leagues, and recreation programs. Governor Murphy has not yet eased the restrictions on any of these uses, and therefore, municipalities are not permitted to open these facilities or conduct these programs at this time. The CDC recently issued documents to assist municipal entities WHEN these facilities are allowed to be open again, but that does not change or alter the current status. Copies of all of Governor Murphy’s Executive Orders can be found at: https://nj.gov/infobank/eo/056murphy/approved/eo_archive.html.
Right of Way Information
With the imminent opening of restaurants, with restrictions, many of our JIF Members are receiving requests from restaurant owners/operators to permit tables and chairs to be placed in the Public Right of Way (sidewalks) adjacent to their restaurants in order to increase their occupancy, accommodate patrons with outdoor seating and also comply with the social distancing guidelines. Based upon these requests, we think that it is important for our Members to address any potential liability issues related to these arrangements. Therefore, Dave DeWeese prepared a draft of an Application and an Agreement for the use of the Public Right of Way to be utilized by our Members. Copies of those drafts are provided below in WORD format for your review and modification to your particular circumstances.
It is recommended that if this arrangement is going to be permitted, that the Municipality should adopt an Ordinance authorizing the use of the Public Right of Way, and establishing the application and permitting process and the rules, regulations and restrictions associated with the use. Prior to permitting the use of the Public Right of Way, it is imperative that the Municipality obtain an executed Agreement from the restaurant owner/operator that indemnifies and holds the Municipality harmless. In addition, the Municipality must also receive an endorsement to the restaurant owner/operator’s insurance policy which names the Municipality as an “Additional Insured” (for General Liability and Liquor Liability, if applicable).
If you have any questions or need for additional information, please do not hesitate to contact fund solicitor David S. DeWeese, Esquire: email@example.com or (609) 522-5599.